A New Introduction to American Constitutionalism

A New Introduction to American Constitutionalism offers a historical–institutionalist perspective on American constitutionalism. Proper introductions to a mature American constitutionalism begin by exploring different theories about the nature and purposes of constitutions, with particular emphasis on the nature and purpose of the Constitution of the United States. Students then become acquainted with different approaches for determining the meaning of constitutional provisions, allocating constitutional authority, and bringing about legitimate constitutional change. Educated citizens acquire a global perspective on the American constitutional order by familiarizing themselves with the distinctive constitutional issues raised by foreign policy, foreign constitutions, and international law. Finally, a basic course in constitutionalism should highlight that constitutions work more by constructing and constituting politics than by compelling government officials to do what they might not want to do. In short, the emphasis is on American constitutionalism, American constitutional purposes, and American constitutional politics rather than solely on constitutional law. A central theme of this work and of historical–institutionalism in general is to bring nonjudicial, often nonlegal features of American constitutionalism into clear view, whether they be presidential influence on American constitutional development, the way various racial orders structure the constitutional practice of equal protection, or the influences of constitutional structures that are never litigated, such as the presidential veto power, on the capacity of the Constitution of the United States to deliver vital constitutional goods.